1. Agreement and operator
These Terms of Service (“Terms”) form an agreement between you and Diviga, the operator of Actae (“Actae”, “we”, “us”). They apply to actae.dev, the customer portal, Actae Cloud, SDKs, documentation, support, and proprietary self-hosted Actae software (together, the “Services”). Our business identity is also displayed at checkout and on your order documents. Contact us at hello@actae.dev.
By creating an account, starting an evaluation, purchasing, or using the Services, you accept these Terms. If you use Actae for an organization, you confirm that you can bind that organization. If you do not agree, do not use the Services.
2. Eligibility and accounts
You must be legally capable of entering a contract and at least 18 years old. Account information must be accurate and current. You are responsible for safeguarding credentials, API keys, enrollment keys, and activity under your account. Notify us promptly of suspected unauthorized use.
You may not share an account in a way that circumvents plan limits. We may require email verification or reasonable information needed for security, fraud prevention, tax, export-control, or legal compliance.
3. Trials, plans, and orders
Actae Cloud — Founding Team and Actae Self-Hosted — Founding Team are each $149 USD per month and begin with a 30-day card-backed trial. The deployment model, billing period, price, trial deadline, and applicable taxes are shown before purchase. Cancel before the displayed trial deadline to avoid the first charge. Trials are limited, revocable licenses for assessment and may have assisted onboarding or no service-level commitment. We may decline or end a trial where reasonably necessary to prevent fraud or abuse.
Paid orders are processed by Polar Software, Inc. (“Polar”), acting as merchant of record and authorized reseller. Polar collects payment, calculates applicable taxes, issues invoices and receipts, and provides billing support under its buyer terms. Your license to Actae remains governed by these Terms.
4. Subscriptions, renewal, and cancellation
Subscriptions renew automatically at the interval and price disclosed at checkout until canceled. You authorize Polar to charge the payment method on file, including applicable taxes. Failed payment may result in a past-due state, reduced functionality, suspension, or termination after applicable retries or grace periods.
You can cancel through the Actae account settings or the Polar customer portal. Unless checkout or mandatory law says otherwise, cancellation takes effect at the end of the current paid period and access continues until then. Cancellation does not itself refund prior charges. Upgrades may take effect and be charged immediately; downgrades normally take effect at the next billing period, as disclosed in the purchase flow. Refunds are governed by our Refund Policy.
5. License and ownership
Actae is proprietary commercial software, not open source. Subject to payment and these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the supplied binary, SDKs, portal, and documentation for your internal business purposes during the applicable evaluation or subscription.
You may make reasonable backup copies of supplied binaries and deploy only the installations, environments, or capacity your plan permits. You may not sell, sublicense, publish, redistribute, provide Actae as a competing service, remove proprietary notices, bypass entitlement or usage controls, or reverse engineer the Services except where applicable law expressly prohibits that restriction.
We and our licensors retain all rights in Actae. You retain rights in your applications, prompts, models, tools, event payloads, state, and other content you submit (“Customer Data”). Feedback may be used without restriction or obligation, provided we do not identify you publicly without permission.
6. Customer Data and deployment boundaries
For Actae Cloud, you instruct us to host and process Customer Data to provide, secure, support, and improve the contracted service. Retention and operational limits are those displayed for your plan. For self-hosted Actae, execution events and state remain in infrastructure you operate; the SaaS control plane processes account, entitlement, installation, billing, and limited operational metadata, not your self-hosted execution payloads.
You are responsible for having lawful rights to Customer Data and for configuring retention, access, backups, integrations, and exports appropriate to your obligations. Do not submit data prohibited by law or data requiring safeguards we have not expressly agreed to provide, including regulated health data, payment-card data, government identifiers, or highly sensitive secrets.
Our processing of personal data is described in the Privacy Policy. If you require a data processing agreement, contact us before placing regulated personal data in Actae Cloud.
7. Acceptable use
You must not use the Services to violate law or third-party rights; distribute malware; facilitate unauthorized surveillance or access; attack, probe, overload, or disrupt systems; evade quotas or security controls; scrape accounts; generate unlawful content; or operate high-risk systems where failure could cause death, personal injury, or severe environmental damage without our written agreement and appropriate independent safeguards.
You remain responsible for decisions and actions taken by your agents. Actae records and coordinates execution; it does not validate the safety, accuracy, legality, or suitability of your models, prompts, tools, or outputs.
8. Service changes and availability
Actae Cloud is a managed service. Unless a separate signed agreement states otherwise, we do not promise uninterrupted service, high availability, or a service-level agreement. Features may change as the product develops. We will use reasonable care to avoid materially reducing paid functionality during a billing period and will communicate material changes where practicable.
We may perform maintenance, apply security updates, limit abusive traffic, or suspend access to protect customers, the Services, or third parties. Status information is available on the public status page, but it is informational and not a contractual SLA.
9. Confidentiality
Each party may receive non-public information identified as confidential or reasonably understood to be confidential. The receiving party will use it only to perform or receive the Services, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound to protect it. This does not cover information independently developed, lawfully received without restriction, or public through no fault of the recipient. Legally required disclosure is permitted with notice where lawful.
10. Warranties and disclaimers
We warrant that we will provide paid Services with reasonable care and skill. If we materially fail to do so, contact us and we will use reasonable efforts to correct the problem. Your mandatory statutory rights remain unaffected.
Except for that limited warranty and rights that cannot legally be excluded, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and that outputs or records alone establish regulatory compliance. Evaluations and pre-release features are provided without warranty to the maximum extent permitted by law.
11. Liability
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable. Subject to that, neither party is liable for indirect, incidental, special, punitive, or consequential loss, or lost profits, revenue, goodwill, or data, even if advised of the possibility.
To the maximum extent permitted by law, each party’s total aggregate liability arising from the Services is limited to the fees paid or payable for the affected Services during the 12 months before the event giving rise to the claim. For trials before any payment, our aggregate liability is limited to USD 100. These limits do not reduce rights that consumers cannot waive.
12. Suspension and termination
You may stop using the Services and cancel subscriptions at any time. We may suspend or terminate access for material breach, unlawful or dangerous use, security risk, non-payment, or where required by law. Where reasonable, we will provide notice and an opportunity to cure.
On termination, the license ends and access may be disabled. Provisions concerning ownership, confidentiality, accrued payment, disclaimers, liability, and dispute terms survive. Use account export tools before termination. Cloud deletion and backup expiry follow the retention practices in the Privacy Policy and any applicable agreement.
13. Changes to these Terms
We may update these Terms for legal, security, operational, or product reasons. We will post the new effective date and provide reasonable advance notice of material changes to paid Services. Continued use after the effective date constitutes acceptance where permitted by law. If a material change adversely affects you, you may cancel before it takes effect.
14. General terms
Neither party may assign this agreement without the other’s consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets. We are not liable for delay caused by events beyond reasonable control. Failure to enforce a term is not a waiver. If a term is unenforceable, the remainder continues.
These Terms, order details, incorporated policies, and any signed agreement are the entire agreement for the Services. In a conflict, a signed agreement controls, then checkout/order terms, these Terms, and referenced policies. Poland governs these Terms and its competent courts have jurisdiction, without depriving consumers of mandatory protections or rights to bring proceedings in their home jurisdiction. Before formal proceedings, please contact us at hello@actae.dev so we can try to resolve the issue.